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Understanding the Current Landscape
Immigration enforcement activity has increased significantly across California's Central Valley in recent months, creating heightened concern among immigrant communities in Fresno, Madera, and surrounding counties. For families navigating this uncertain environment, understanding your legal protections under California law is not just important—it's essential.
While federal immigration enforcement continues to operate in the region, California has established some of the nation's strongest protections for immigrants through a series of landmark laws. These laws limit how local law enforcement can cooperate with Immigration and Customs Enforcement (ICE) and ensure that individuals in custody receive basic due process rights.
At Andrade Auld Law, we've seen firsthand how knowledge of these protections can make a critical difference in immigration cases. Many community members are unaware of the specific rights they have under California law, which can leave them vulnerable during encounters with immigration authorities.
What Is California's TRUTH Act?
California's Transparent Review of Unjust Transfers and Holds (TRUTH) Act, which took effect on January 1, 2017, ensures that individuals in local law enforcement custody receive basic due process and information before being interviewed by federal immigration authorities. California became the first state in the nation to require such transparency and protections.
The TRUTH Act was enacted in response to growing concerns about immigration enforcement practices that were separating families and undermining public safety. Prior to this law, many immigrants held in local jails had no idea that ICE had placed a detainer request on them, making it extremely difficult for defense counsel to protect their rights effectively.
The law serves two primary purposes:
To provide transparency about local law enforcement's interactions with ICE
To protect individuals from coercive interviews while in custody.
Your Rights Under the TRUTH Act
If you or a loved one is detained in a California jail and ICE requests an interview, the TRUTH Act provides several critical protections, including:
The Right to Know
Local law enforcement must provide you with a copy of any ICE detainer request or notification request placed upon you. This notification must be given to both you and your designated representative, ensuring that your legal counsel can take immediate action.
The Right to Refuse Interviews
Before any interview between ICE and an individual in custody, the local law enforcement agency must provide a written consent form explaining that the interview is voluntary and that the individual may decline to participate. This form must be available in multiple languages, ensuring that language barriers don't prevent individuals from understanding their rights.
The consent form must clearly explain the purpose of the interview and emphasize that participation is entirely optional. This protection is designed to prevent coercion and intimidation tactics that were common before the TRUTH Act's passage.
Advanced Notice of Release
If a local jail chooses to notify ICE about when an immigrant will be released, they must also provide that same notice to the immigrant and their designated representative. The principle is simple: if ICE gets to know when someone is being released, that person's community and legal team have the right to know too.
Public Accountability
The TRUTH Act requires local legislative bodies to hold annual community forums if local law enforcement allows ICE access to any individual. Additionally, all records related to ICE access are subject to the California Public Records Act, creating an accountability measure that wasn't previously in place.
The TRUST Act and Values Act: Additional Protections
California's protections for immigrants extend beyond the TRUTH Act. Two additional laws work in tandem to limit local law enforcement cooperation with immigration authorities:
The TRUST Act
California's Transparency and Responsibility Using State Tools (TRUST) Act, effective January 1, 2014, defines the specific circumstances under which local law enforcement agencies may comply with immigration detainer requests. The law was enacted in response to constitutional concerns about ICE detainer practices and their negative impact on trust between immigrants and law enforcement.
In our experience, many people don't realize that local law enforcement in California has a limited ability to hold individuals solely on ICE detainers. The TRUST Act restricts these holds to individuals who have been convicted of certain serious offenses, not just anyone with an immigration issue.
The Values Act (SB 54)
Often referred to as California's "sanctuary law," the Values Act further restricts when and how state and local law enforcement agencies can participate in immigration enforcement activities. The law prohibits using agency resources or facilities to investigate, interrogate, detain, or arrest individuals for immigration enforcement purposes, with limited exceptions.
What to Do If ICE Contacts You
Despite California's protective laws, encounters with immigration enforcement still occur. Here's what you need to know:
Remain Calm and Assert Your Rights
You have the right to remain silent and the right to speak with an attorney before answering any questions. You are not required to discuss your immigration status with ICE agents. Clearly state that you wish to exercise your right to remain silent and your right to an attorney.
Do Not Sign Anything Without Legal Counsel
Immigration authorities may ask you to sign documents that could waive your rights or agree to voluntary departure. Never sign any documents without first consulting with an immigration attorney who can explain the consequences.
Document Everything
If possible, note the names and badge numbers of any officers you encounter, the time and location of the interaction, and any statements made. This information can be crucial for your legal defense.
Contact Legal Representation Immediately
Time is critical in immigration enforcement situations. The sooner you have an attorney involved, the better your chances of achieving a favorable outcome.
Use Rapid Response Networks
The Central Valley has a Rapid Response Network hotline at (559) 206-0151 that immigrants and their families can call if they encounter ICE or federal immigration enforcement activity. These networks can connect you with immediate legal assistance and support.
Why Local Legal Representation Matters
Immigration enforcement in the Central Valley presents unique challenges that require local expertise. An immigration attorney familiar with how California's protective laws are implemented, and sometimes circumvented, in Fresno and surrounding counties can make a significant difference in your case.
At Andrade Auld Law, our attorneys understand the specific enforcement patterns in the region and have established relationships with local courts, detention facilities, and advocacy organizations. When facing immigration enforcement, you need someone who knows not just federal immigration law, but also how to leverage California's protective laws to defend your rights.
Every case is unique, and the circumstances surrounding ICE contact or detention can significantly impact your options. Whether you're facing potential detention, have a family member already in custody, or simply want to prepare for the possibility of an immigration enforcement encounter, having a knowledgeable attorney on your side is invaluable.
Don't face immigration enforcement alone. If you or a loved one has been contacted by ICE or is facing detention in the Central Valley, contact us online or call (559) 517-3733 immediately. Our experienced immigration attorneys are dedicated to protecting the rights of immigrant families throughout Fresno and its surrounding communities.